HomeMy WebLinkAboutRES 96-184 1
RESOLUTION NO. --12V
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a pipeline license agreement with
Concha Chemical Pipeline Company. The agreement is substantially in the form attached
hereto as Exhibit "A".
PASSED BY THE CITY COUNCIL of the City of Beaumont this the �,tl day of
,e. ✓ _, 1996.
Lc
- Mayor -
CITY OF BEAUMONT
APPLICATION FOR
PIPELINE LICENSE AGREEMENT
THE STATE OF TEXAS:
COUNTY OF JEFFERSON:
Business Name: Concha Chemical Pipeline Companygusiness Phone: (713) 241-4492
c/o Shell Pipe Line Corporation
Business Address: P.O. Box 2648, Houston, TX 77252-2648
The City of Beaumont,hereinafter called "City", for and in consideration of the sum specified herein
hereby grants to Concha Chemical Pipeline Company
hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the
transportation of oil,gas,water,or their products, on or across the following streets, alleys and easements or
other right-of-way situated in The City of Beaumont, Jefferson County, Texas, to-wit:
R.O.W. Description Length (Linear Feet)
City of Beaumont easements for water and sewer lines in the vicinity of
West Port Arthur Road as more particularly shown on map attached hereto.
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EXHIBIT "A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
o License Agreement fee -$500.00
o Street Cut and Barricading Permit to work in the City right-of-way: $10.00
for permit, plus$5.00 per day for each location.
All fees, including the Street Cut and Barricading Permit shall be made to the Engineering
Division and payable to the City of Beaumont prior to any construction.
This license is granted by The City of Beaumont subject to conditions. Failure to comply with the following
may result in termination of agreement(see page 8).
GENERAL. CONDITIONS:
o Licensee does not intend to dis e-product for resale from the covered
pipeline to customers located within the City; however, Licensee recognizes
that should irdisighHte product for resale from this covered pipeline to sale
customers within the City, it will be required to report such won and
pay a street rental fee based on revenues. The street rental fee and the
regulations controlling the payment of such fee will be those as lawfully
established by the ordinances of the City.
o All pipelines crossing public rights-of-way shall be bored from right-of-way
line to right-of-way line. Within these limits, the pipeline shall be protected
by casing or other method approved by the City and/or the Texas
Department of Transportation.
o The pipeline shall be constructed in such a manner as approved by the City
and/or the Texas Department of Transportation so as it does not interfere
with the use of the public streets and alleys.
o The pipeline shall be installed a minimum of five (5') feet below the lowest
existing or proposed ditch grades, and two(2)feet below existing waterlines,
sanitary sewer lines or storm drainage lines, unless otherwise authorized by
the City and/or Texas Department of Transportation. Such grades and lines
shall be indicated on map submittal, as well as depth of proposed pipeline
(see page 4).
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
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Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
o Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable satisfaction
of the City's Engineering Division and/or the Texas Department of
Transportation.
o Operations along roadways shall be performed in such a manner that all
excavated materials will be kept off the pavements at all times, as well as all
operating equipment and materials. All property where operations are
performed will be restored to original condition or better. No equipment or
installation procedures will be used which will damage any road surface or
structures. The cost of any repairs to road surface, roadbed, structures or
other right-of-way features as a result of this installation will be borne by the
owner of this line.
o Barricades, warning signs and lights, and flagpersons shall be provided by
the contractor or owner when necessary. Only under extreme
circumstances,as deemed necessary by the City Engineer, will open cutting
of a street or roadway be allowed. All barricading must be by permit and
approved by the City (Public Works Department) in advance.
o Any construction which takes place in, on, under, above, or across property
not owned by the City shall require additional permission by the owner(s) of
the property involved. Approval of this license agreement excludes
permission to do any construction on property which is not owned by the
City of Beaumont.
o Any licenses,permits or agreements required by another government entity
(County, State or Federal) shall be obtained and a copy of such document
shall be provided to the City.
If agreement is not required by said government entity, then documentation
regarding such will be provided to the City of Beaumont.
o Licensee shall provide copies of all necessary agreements to be obtained
from other City Departments.
o Licensee shall be responsible for acquiring all agreements necessary for the
lawful use of any private property.
o A map showing the location of the proposed pipeline shall be provided.
(V = 2000' City of Beaumont map or United States Geological Survey Map)
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o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to any City streets, alleys, easements or other
property. Once the pipeline is in operation, any damage that occurs to the
pipeline which results in exposure or release of product must be reported
immediately to the City Fire Department and Public Works
Department. Licensee shall fully cooperate with the Fire Department and
provide, or assist with providing, any and all necessary notifications,
evacuations or other necessary actions. Leaks or other defects are to be
repaired immediately by Licensee at the Licensee's own cost.
o The Licensee shall be responsible for any and all costs associated with the
relocation of the pipeline. As provided, the necessity for relocation of the
pipeline shall be solely within the discretion of City and/or the Texas
Department of Transportation.
o Permits which allow lines to be maintained or constructed in City right-of-
way shall be obtained by Licensee or Licensee's contractor prior to
beginning maintenance or construction. The fee for such permits is in
addition to this License Agreement fee. (see Cost of License)
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REQjJIRED COVERAGE:
o Licensee shall furnish the City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person,
$1,000,000.00 per incident
o Property damage: $1,000,000.00
Such insurance shall be maintained in force and effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen(15) days written
notice must be given to the City prior to cancellation, alteration, or
modification of such insurance.
o Licensee shall have in force with the City a surety bond in the principal
amount of$100,000.00. The bond shall be payable to the City of Beaumont
for the use and benefit of any person entitled thereto and conditioned that the
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principal and surety will pay all damages to any person caused by, or arising
from, or growing out of any violation of the terms of this agreement. The
bond shall provide that it may not be cancelled, altered, or otherwise
modified without fifteen(15)days prior written notice to the City. The bond
shall be good and in effect for a period of one (1) year from the date of
completion of construction of the pipeline.
o Licensee shall indemnify, save and hold harmless The City of Beaumont
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, the City's agents,
officers or employees, arising from actions taken or occurrences under this
license agreement.
o If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the streets, alleys, or easements mentioned herein,
Licensee shall not be entitled to prosecute or maintain a claim against The
City of Beaumont for any such damage or injuries so sustained by it;
however, said conditions shall not prevent Licensee from recovering against
any contractor who shall damage Licensee's property in the course of such
contractor's performance of any contract with the City.
OTHER CONSTRUCTIONiMAINTENANCE WITHIN R.O.W.:
o City will use its best efforts to notify Licensee of any proposed construction
and/or maintenance, to be done by City forces or by contract for the City,
within the R.O.W. involved with this license.
Notification, to Licensee, of other construction and or maintenance
permitted by the City and within the R.O.W. involved with this license will
be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48) hours
after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be called
for notification of construction or maintenance and for location of lines.
Such number, or changes to such number, will be provided to the City
(Department of Public Works) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City R.O.W. and which are required to provide notification of
such work. When information has been relayed to Licensee, through the
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phone number provided, such contact shall constitute notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be located.
o City reserves the right to lay, and to permit to be laid, sewer, gas, water and
other pipes and cables, and to do or permit to be done any underground
work that may be deemed to be necessary or proper by City in, across,
along,or under any of the streets, alleys and easements, and to change any
curb or sidewalk or the grade of any of said streets. In doing or permitting
any such work, the City of Beaumont shall not be liable to Licensee for any
damage occasioned; it being understood that nothing herein shall be
construed as foreclosing Licensee's rights to recover damages against any
contractor or third party who may be responsible for damages to Licensee's
facilities.
o Whenever by reason of the change in the grade of any street occupied by
Licensee's pipeline or construction of a new street or highway along or over
said street, or by reason of the location or manner of constructing drainage
structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by City
to relocate, alter,encase, change,adopt or conform the pipeline of Licensee
thereto, such change shall be made promptly by Licensee at its cost and
without claim for reimbursement or damages against City. If the change is
demanded by the City for the benefit of any other person or private
corporation, except the City or the Texas Department of Transportation,
Licensee shall be reimbursed fully by the person or corporation desiring or
occasioning such change for any expense arising out of such change;
provided, however, should the change be requested by the Texas
Department of Transportation or be required due to construction of a state
or federal highway, Licensee will, upon notice from the City, make such
change immediately and at its own cost; it being understood that City will
not participate in any part of the cost of any change involving relocation,
altering, encasing,boring, or changing in any manner of the pipeline where
same is in a City street, alley, easement or other right-of-way.
NOTIFICATION/INSPECTION:
o Any and all work to be performed on City right-of-way (R.O.W.) shall be
observed and inspected by a City representative. Any work to be performed
within the City limits will be subject to periodic inspection to ensure
compliance with construction standards.
o Licensee shall provide the City with the name and local phone number of the
person in charge of work that will be performed.
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o Licensee shall notify the City (Public Works Department- Engineering
Division) twenty-four (24) hours prior to the installation of the lines
permitted by this license. Licensee shall also notify the City twenty-four
(24)hours prior to any street or R.O.W. crossing. A representative will be
scheduled to be present. The expense of such inspection services may be
billed to the Licensee and such amounts will be reimbursed to the City.
o Licensee shall notify the Engineering Division at least forty-eight(48) hours
prior to completion of work and removal of equipment from the job site to
permit the City to make an inspection.
SPECIAL CONDITIONS:
onassignable
Except to a parent, subsidiary, afiliate or related compnay, this license is nonassignable and
any attempt to assign this license will terminate the license privileges granted to Licensee
hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and the
reason for, termination. Such notice shall be given not less than thirty (30)days prior to the
termination date therein specified. Any written notice may be effected either by personal
delivery or by registered or certified mail, postage prepaid with return receipt requested.
Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont Name of Licensee: Concha Chemical Pipeline Company
P. O. Box 3827 c/o Shell Pipe Line Corporation
Beaumont, Texas 77704 Address of Licensee: P.0. Box 2648
Attn: City Engineer City and State of Licensee: Houston, TX 77252-2648
Upon cancellation, Licensee may either remove the pipeline or purgbe the pipeline of
product.,fill the line with an inert substance and abandon the pipeline in place. In the event
of cancellation, any and all monies collected for fees associated with this agreement will
remain the property of the City. There will be no reimbursements.
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Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the conditions
above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by
its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of_
A.D. 19
CITY OF BEAUMONT, TEXAS
By:
Ray A. Riley, City Manager
ATTEST:
Rosemarie Smith, City Clerk
APPLICANT'S COMPANY NAME:
(Licensee)
CONCHA CHEMICAL PIPELINE COMPANY
Represented by: Arlene Warden
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Title Attorney-in-Fact
ATTEST:
By:
Secretary
MELINE.sW Revised 07-15-%
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